A.   Change In Structures Or Use: Except as may otherwise be provided, all buildings erected hereafter, all uses of land or buildings and structures established hereafter, all structural alterations or relocation of existing buildings and structures occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter, shall be subject to all regulations herein which are applicable to the zoning district in which such buildings, uses or land shall be located.

   B.   Nonconforming Buildings, Structures And Uses: Any lawful building, structure or use existing at the time of the effective date hereof may be continued, even though such building, structure or use does not conform to the provisions herein for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions in Chapter 16 of this Title.

   C.   Building Permits: Where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction has begun within ninety (90) days of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of Chapter 16 of this Title. (Ord. 76-0-227, 12-2-76)

   A.   Use: No building, structure or land shall hereafter be used or occupied and no building or part thereof or other structure shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located.

   B.   Bulk: All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the Village. (Ord. 76-0-227, 12-2-76)

   C.   Floor Area Ratio: The following shall be included in the calculation of floor area for the purposes of determining floor area ratio in residential zoning districts:

      1.   All gross square footage of each floor above grade. A maximum of sixty four (64) total square feet shall be excluded from this computation for balconies or similar projections that are four feet (4') deep or less.

      2.   All gross square footage of attached garages.

      3.   That gross square footage of detached garages exceeding four hundred forty (440) square feet. This shall include that portion of unfinished or finished garage attics with a clearance of seven feet (7') or more in height.

      4.   Roofed porches, including areas with open roof trellises.

      5.   Open porches, across all or part of the elevation of a house facing a street, that are greater than eight feet (8') deep.

      6.   Sheds and gazebos, whether permanently fixed to the ground or freestanding.

      7.   That gross square footage of a basement with a ceiling in excess of three feet six inches (3'6") above grade.

      8.   Those portions of house attics, finished or unfinished, that have a clearance equal to or greater than seven feet (7') in height, even if the space is interrupted with crossties or has a truss design.

      9.   Open wood decks if the floor is more than three feet six inches (3'6") above grade.

      10.   Sun or other decks with rails higher than three feet six inches (3'6") on any floor of the house.

      11.   Balconies, chimneys, bay windows, etc., and portions of a second floor that cantilever over open walled first floor yards shall be counted as two (2) stories (see subsection C1 of this section).

      12.   Open courtyards surrounded by eighty five percent (85%) or more by perimeter walls.

      13.   The square footage of interior stairwells for each floor within which they are located.

      14.   Those portions of cathedral ceilings that are fourteen feet (14') or more in height shall be counted as two (2) stories. (Ord. 95-O-681, 1-4-1995)

   D.   Floor Area Ratio Guidelines And Intent:

      1.   Background: Effective December 5, 1994, by action of the village board, the zoning regulations of this code were amended to include FAR restrictions in residential zoning districts. Prior to this action by the village board, this subject was discussed by the plan commission/board of appeals at several public meetings and at a public hearing, held on October 19, 1994. The village instituted FAR regulations for the primary goal of ensuring the size and scale of buildings and structures relate harmoniously to the size of the lot on which they are located, as well as to the surrounding neighborhood. (Ord. 95-O-681, 1-4-1995; amd. Ord. 05-O-942, 11-7-2005)

      2.   Regulated Development: All buildings and structures developed within R-1 and R-2 single-family residence districts, excluding cluster and townhome planned developments, are required to comply with the FAR restrictions as provided for in this title. In each case, the maximum FAR allowed is 0.30. The following guidelines were prepared to ensure compliance with these regulations and to provide additional information on the calculation of floor area ratio.

      3.   Review And Approval:

         a.   A completed floor area ratio worksheet (see below) is required for each lot on which a new building or structure is proposed or on which modifications are proposed to an existing building or structure (i.e., additions) that would increase the floor area from that which presently exists.

         b.   Copies of plats of survey, building plans, and other drawings as necessary to demonstrate the basis of computations, must accompany the completed floor area ratio worksheet. Additional support documentation shall be submitted as required by the village to complete the review.

         c.   Worksheets prepared in conjunction with the construction of a new residential home or shed/gazebo, etc., must be certified by an engineer or architect. Worksheets prepared in conjunction with an addition to an existing building/structure do not require certification. All other applications require certification by an engineer or architect as determined necessary by the building commissioner.

         d.   All completed worksheets and support documentation must be submitted to the village with a building permit application.

         e.   Upon receiving a completed worksheet with all necessary support documentation, the building commissioner, or appointed designee, shall within two (2) weeks determine whether the proposed improvements comply with the applicable FAR requirements.

   Floor Area Ratio Worksheet

Address:    

Block:                     Lot:                         

New home construction: Shed\Gazebo, etc.:

Building addition: Other:

Description:    

 

Prepared by:         Date:      

Title:         Phone:      

Reviewed by:         Date:      

Title:         Date Received:      

 

 

(Ord. 95-0-681, 1-4-95)

   A.   Maintenance Of Yards, Courts And Other Open Spaces: The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open space or minimum lot area allocated to any building, shall by virtue of change of ownership or for any reason be used to satisfy yard, court or other open space, or minimum lot area requirements for any other building.

   B.   Division Of Zoning Lots: No improved zoning lot shall hereafter be divided into two (2) or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.

   C.   Location Of Required Open Space: All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

   D.   Required Yards For Existing Buildings: No yards now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below, or further reduced below, if already lower than the minimum yard requirements of this Title for equivalent new construction.

   E.   Permitted Obstructions: The following shall be considered, except in the LC Limited Commercial District, permitted obstructions in required yards as follows:

NOTE:

 

 

 

   F.   Vision Clearance, Corner Lots: No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:

In any residential district exceeding a height of three feet (3') above the street grade within twenty five feet (25') of the intersecting street lines bordering corner lots. (Ord. 95-0-681, 1-4-95)

Any gainful occupation or profession engaged in by the occupant of a dwelling not involving the conduct of a retail business, manufacturing business, or a repair shop of any kind on the premises, and not including any occupation conducted in any building on the premises excepting the building which is used by the occupant as his private dwelling.

Home occupations further shall not include the employment of more than one person in the performance of such services.

There shall be no exterior display, no exterior sign except as allowed in the sign regulations for the district in which such home occupation is located, and there shall be no exterior storage of equipment or materials used in the home occupation.

Home occupation includes but is not limited to the following: art studio, dressmaking, professional office of a clergyman, lawyer, physician, dentist, architect, engineer or accountant, when located in a dwelling unit occupied by the same.

However, home occupation shall not be construed to include the following: clinic or hospital, barber shop, beauty parlor, commercial stable or kennel, tourist home, real estate office or restaurant. (Ord. 76-0-227, 12-2-76)

   A.   Contiguous Parcels: When two (2) or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located are contiguous and are held in one ownership, they shall be used as one zoning lot for such use.

   B.   Lots Or Parcels Of Land Of Record: Any single lot or parcel of land, held in one ownership, which was of record at the time of the effective date hereof that does not meet the requirements for minimum lot width and area may be utilized for a permitted use; provided, that yards, courts or usable open spaces are not less than seventy five percent (75%) of the minimum required dimension of areas. (Ord. 76-0-227, 12-2-76)

Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street, unless a permanent easement of access to a public street was of record prior to the effective date hereof. (Ord. 76-0-227, 12-2-76)

Except in the case of planned development, not more than one principal detached residential building shall be located on a residential lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building. (Ord. 76-0-227, 12-2-76)

An area indicated on the Zoning Map as a public park, recreation area, public school site, cemetery or other similar open space shall not be used for any other purpose than that designated, and when the use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining district until appropriate zoning is authorized by the Village Board of Trustees within three (3) months after the day of application filed for rezoning. (Ord. 76-0-227, 12-2-76)

   A.   Location: All accessory buildings and uses shall comply with the following yard requirements, except as allowed by subsection 5-2-3E herein, Permitted Obstructions. When a front yard setback is required, no part of an accessory building or accessory use shall be located closer than seventy five feet (75') to the front lot line. When a side yard setback is required, no part of an accessory building or accessory use shall be located closer than thirty five feet (35') to the side lot line along such side yard setback. When a rear yard setback is required, no part of an accessory building or accessory use shall be located closer than thirty five feet (35') to the rear lot line or to those portions of the side lot line abutting such required rear yard setback. In a residential district, no detached accessory building shall be closer than ten feet (10') to the principal building. No accessory building or accessory use shall be located in a required yard or required setback in the LC Limited Commercial District.

   B.   Time Of Construction: No accessory building or structure or accessory use shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

   C.   Height Of Accessory Buildings And Uses: No accessory building or portion thereof or accessory use shall exceed the height of the principal building. However, in no case shall the height exceed fifteen feet (15').

   D.   Floor Area: The aggregate floor area of all accessory buildings or accessory uses shall not exceed thirty percent (30%) of the floor area of the principal building. (Ord. 95-0-681, 1-4-95)

   A.   A temporary real estate office may be operated in a permanent structure such as a model home, as long as the structure otherwise fully conforms with all applicable ordinances, to be utilized in conjunction with a new housing development, limited to the selling or renting of new units in such development, but in no case to be in operation for more than one year following completion of construction of said housing development.

A temporary real estate office may be operated in a nonpermanent structure such as a mobile home or sales trailer provided that a permit shall be secured therefor prior to the structure being situated or utilized as a real estate office and provided that all of the following criteria are satisfied:

      1.   Permits shall issue for a period of one year. A permit may be renewed yearly by the Village Board upon reasonable cause shown.

      2.   The hours of operation of the real estate office shall be limited to between nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. Monday through Saturday and from eleven o'clock (11:00) A.M. to five o'clock (5:00) P.M. on Sunday.

      3.   The location of the structure must fully comply with the setback requirements for accessory buildings as set forth in subsection 5-2-9A.

      4.   If the road or roads which provide access to the structure have been accepted by the Village, then adequate off-street parking of not less than four (4) vehicle spaces shall be provided.

      5.   Sanitary facilities shall be installed and maintained in full conformity with Lake County health department standards.

      6.   The use of generators is prohibited.

      7.   Sufficient landscaping, subject to approval by the architecture committee, shall be provided to screen the structure from view from residential structures not within the development.

      8.   The size, location, elevation and appearance shall be subject to the review and approval of the architecture committee prior to the issuance of a permit. The architecture committee shall ensure that the structure shall not adversely impact on residential homes not within the development.

      9.   In the event that subsequent to issuance of a permit, any of the foregoing criteria are not satisfied or the permittee violates any of said criteria, then the village board may, at its election, revoke the permit. (Ord. 83-O-368, 7-12-1983)

      10.   Annual fee for temporary real estate office is five hundred dollars ($500.00). (Per board policy motion 3-3-86)

   B.   Buildings For Construction Purposes: Subsequent to the issuance of a building permit, temporary buildings for construction purposes may be allowed in any district for a period not to exceed the completion date of such construction. (Ord. 76-O-227, 12-2-1976)

   C.   Sidewalk Sales: Sidewalk sales will be permitted in any business or limited commercial district when organized as an area wide sidewalk sale with merchants in the same area. No more than two (2) such sales shall be permitted in a calendar year, and no such sale shall be permitted for a period in excess of three (3) successive days. The application for such a sale shall be cosigned by the property owner/manager. Said permit will include one temporary sign for the commercial district; said sign shall be displayed only during the duration of the sale. (Ord. 08-O-1001, 2-4-2008)

The performance standards shall also apply to all residential or planned development districts. (Ord. 76-O-227, 12-2-1976)

Where a use is classified as a special use and exists as a permitted use at the effective date hereof, it shall be considered a legal special use, without further action of the village board of trustees, the zoning administrator, or the plan commission/board of appeals. (Ord. 76-O-227, 12-2-1976; amd. Ord. 05-O-942, 11-7-2005)

When a use is not specifically listed in the sections devoted to permitted uses, it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the plan commission/board of appeals it is determined that said use is similar to and not more objectionable than uses listed. Such uses may then be permitted. (Ord. 76-O-227, 12-2-1976; amd. Ord. 05-O-942, 11-7-2005)

   A.   Application: No equine animal shall be kept or boarded and no accessory building used for the keeping, training or the like of an equine animal shall be hereafter erected or altered within any residential zoning district, except in conformity with the regulations established and set forth in this section.

   B.   Minimum Lot Area, Limitation On Number Of Equine Animals:

      1.   No equine animal shall be housed or kept overnight (sunset to sunrise) on a lot less than four hundred thirty-five thousand six hundred (435,600) square feet in area.

      2.   Not more than four (4) equine animals shall be housed or kept overnight (sunset to sunrise) on a lot of four hundred thirty-five thousand six hundred (435,600) square feet in area or more.

      3.   All definitions of lot sizes shall be exclusive of road easements.

   C.   Limitation Of Keeping Equine Animal And Exercise: No equine animal and no corral, ring or enclosure for the containing of an equine animal shall be kept, located or maintained closer than fifty feet (50') from any lot line.

   D.   Accessory Buildings And Exercise Area:

      1.   No accessory building used for the housing, training or keeping of an equine animal shall be located:

         a.   Closer than one hundred feet (100') from any lot line.

         b.   Closer than ten feet (10') to the nearest septic field or drain field tile line.

      2.   No equine animal exercise ring, corral, pasture or other open area for training or keeping of equine animals shall be located over any septic tank or drain field tile line. All such areas shall be suitably fenced so as to contain the equine animal in such a manner as to protect adjoining properties from trespass by the equine animal and to provide protection without danger or injury to the animal itself. (Ord. 76-O-227, 12-2-1976; amd. Ord. 82-O-338, 1-4-1982; Ord. 20-O-010, 5-19-2020)

   A.   Definition Of Aboveground Pool: An "aboveground pool" is a swimming pool other than a pool which has been constructed of concrete, is completely subsurface and is permanent in nature.

   B.   Area Restricted: It shall be unlawful to erect, construct or maintain an aboveground pool as an accessory use within the village in any area zoned R-1, R-2, PD-1, PD-2 or PD-3.

   C.   Removal, Time: Since it has been determined by the village board that the average useful life of aboveground pools is not in excess of seven (7) years, present existing aboveground pools which have been fully installed before the effective date hereof shall be dismantled and completely removed on or before seven (7) years from the effective date hereof.

The village board may, upon written application of an owner of an aboveground pool which was fully installed prior to the effective date hereof who is alleging substantial hardship, allow said applicant such additional time as the board, in its discretion, deems provident; providing, that the board takes into consideration the dangers and health risks involved in extending the period of time for the utilization of such nonconforming use beyond the seven (7) year period.

   D.   Penalty: Any person violating this section shall be subject to a fine not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 78-O-259, 4-6-1978)

The watershed development ordinance heretofore adopted on September 14, 1994, applies to all matters coming within the terms of this title, except as may be expressly delimited by that ordinance. (Ord. 94-O-669, 9-14-1994)

The Kildeer natural area management ordinance, title 7, chapter 8 of this code, heretofore adopted on January 4, 1995, applies to all applications governed by this title which involve natural areas. (Ord. 95-O-681, 1-4-1995)